Commercial High Court to hear Jaffna -Kilinochchi water project dispute 

The District Court of Mt. Lavinia whilst refusing the extension of an enjoining order, directed the transfer of the Jaffna Kilinochchi water supply project to the Commercial High Court of Colombo. 

KP Projects International Ltd., had previously obtained Enjoining Orders on against both the National Water Supply and Drainage Board and the China Machinery Engineering Corporation (CMEC) on the contract to the Jaffna Kilinochchi Water Supply and Sanitation Project. 

The project is considered to be crucial for ensuring piped water access to Jaffna Peninsula residents. 

CMEC argued that the dispute, involving a commercial transaction exceeding Rs. 50 million, warranted transfer to the Commercial High Court under the provisions of the High Court of the Provinces (Special Provisions) Act, No. 10 of 1996 and submitted that the Plaintiff has surreptitiously valued the action at Rs. 100,000 in order to institute action before the District Court.

As a result the court ordered the vacation of the enjoining order and the transfer of the case to the Commercial high court. 

Faiszer Musthapha PC with Shaheeda Barrie and Pramod Perera, appeared for CMEC. KP Projects International Ltd was represented Ikram Mohomed, PC, Kuvera De Zoysa, PC and Harish Balakrishnan. State Counsel Chathura Herath from the Attorney General’s Department represented the National Water Supply and Drainage Board.